PRAVEEN YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The nine petitioners in the above captioned first petition [W.P.(C) 11083/2019] are group Officers in Grade-A in the Border Security Force ("BSF') and are holding posts in the rank of Assistant Commandant, Deputy Commandant and Second-in-Command.

(2.) It is averred in the petition [W.P.(C) 11083/2019] that BSF is entrusted with the responsibility to guard the Borders of the Indian Territory, sensitive LWE areas, North East and other parts to maintain law and order and for this, a large of the force is deployed in far flung locations where there is no proper infrastructure or accommodation for the families. Despite construction of the family accommodations, petitioners and other similarly situated officers are still not provided with the Government accommodation at the place where they are posted or the locations where the separated family accommodations have been constructed. The petitioners and similarly situated personnel, therefore, face problems in keeping their families at the place of their postings; especially at the border or difficult areas where there is lack of basic education and medical facilities.

(3.) According to petitioners, in the year 1999 the Government of India had approved construction of separate family accommodations with the purpose that if the Officer is not getting accommodation at the place of his posting, he shall be entitled to a separate family accommodation, at various locations where the BSF has constructed houses, by paying 10% of the standard rent. Further, despite the aforesaid position, the petitioners and other similarly situated persons are not provided Government Accommodation nor they are being paid House Rent Allowance for keeping their families at different locations. However, based upon the representations of the petitioners and similarly situated persons, the competent authority under the Seventh Pay Commission recommended that the personnel of the uniformed services can keep their families at any location and they would be paid HRA for the same. However, the aforesaid recommendations were confined to the Personnel Below Officer Rank ("PBOR') but denied to the Group-A officers. Thereafter, respondents issued the OM order dtd. 31/7/2017.